HomeMy WebLinkAboutCity of Tamarac Resolution R-2009-091E
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Temp. Reso. #11647
July, 8 2009
Page 1
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2009- 1
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA, AUTHORIZING THE
APPROPRIATE CITY OFFICIALS TO EXECUTE AN
AGREEMENT WITH SPECIFIED ARCHITECTURAL
SYSTEMS, INC., A SOLE SOURCE DISTRIBUTOR,
FOR THE REPLACEMENT OF THE TRANSLUCENT
PANEL ROOF SYSTEM AT BROWARD SHERIFF'S
OFFICE BUILDING; AUTHORIZING AN
EXPENDITURE NOT TO EXCEED $104,390.00,
WHICH INCLUDES A CONTRACT PRICE OF
$94,900.00 AND A PROJECT CONTINGENCY OF
$9,490.00; PROVIDING FOR CONFLICTS,
PROVIDING FOR SEVERABILITY; AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, the existing roof system at Broward Sheriff's Office was
originally installed when the facility was constructed in 1988; and
WHEREAS, the system consists of translucent panels which provide
protection from the elements while supplying natural daylight to the interior of the
atrium area; and
WHEREAS, in the Fiscal Year 2001 Budget, a "sinking fund" was created
for the purpose of setting aside smaller increments of funding each year until such
time that the full replacement cost would be accumulated, thereby allowing for the
planned replacement of the roof without an unusually large financial commitment
in one particular year; and
Temp. Reso. #11647
July, 8 2009
Page 2
WHEREAS, due to significant maintenance issues, the threat of possible
structural damage, and miscellaneous side effects from water damage, it has now
become necessary to move up the replacement; and
WHEREAS, the manufacturer of the existing panel system, Kalwall
Corporation, has only one certified installer in the state of Florida and staff
research revealed that there is no other manufacturer which produces an
equivalent roof system which meets the specifications of the existing system; and
WHEREAS, City of Tamarac Code §6-151 grants the authority to waive
competitive bid requirements for the purchase of supplies and services available
from only one (1) source; and
WHEREAS, the cost proposal submitted by Specified Architectural
Systems, Inc. is both fair and reasonable and is equal to or better than what would
be extended to another customer with similar needs; and
WHEREAS, consideration for another system would require significant
structural modifications, including electrical and lighting changes, at a cost that
would greatly exceed the proposed replacement cost; and
WHEREAS, funding is available for this project in the `Buildings — Roofing
Systems Repair and Replacement" capital improvement project (PW98H); and
WHEREAS, the Director of Public Works and Contracts Manager
recommend that the appropriate City Officials enter into an agreement with
Specified Architectural Systems, Inc., a sole source distributor, for the
replacement of the translucent panel roof system at Broward Sheriffs Office in an
amount not to exceed $104,390.00, which represents a contract price of
$94,900.00 and a 10% project contingency of $9,490.00; and
Temp. Reso. #11647
July, 8 2009
Page 3
WHEREAS, the City Commission of the City of Tamarac, Florida deems it
to be in the best interest of the citizens and residents of the City of Tamarac to
execute an agreement with Specified Architectural Systems, Inc. for the
replacement of the translucent panel roof system at Broward Sheriffs Office in an
amount not to exceed $104,900.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF TAMARAC, FLORIDA, THAT:
SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified
and confirmed as being true and correct and are hereby made a specific part of
this Resolution upon adoption hereof. All exhibits attached hereto are
incorporated herein and made a specific part of this resolution.
SECTION 2: The appropriate City Officials are hereby authorized to
execute the "Agreement Between the City of Tamarac and Specified Architectural
Systems, Inc." hereto attached as Exhibit "1" for the replacement of the
translucent panel roof system at Broward Sheriffs Office.
SECTION 3: An expenditure in an amount not to exceed $104,900,
which represents a contract amount of $94,900.00 and a project contingency of
$9,490.00, is hereby authorized.
SECTION 4: All resolutions or parts of resolutions in conflict
herewith are hereby repealed to the extent of such conflict.
SECTION 5: If any clause, section, other part or application of this
Resolution is held by any court of competent jurisdiction to be unconstitutional or
invalid, in part or application, it shall not affect the validity of the remaining
portions or applications of this Resolution.
Temp. Reso. #11647
July, 8 2009
Page 4
SECTION 6: If any clause, section, other part or application of this
Resolution is held by any court of competent jurisdiction to be unconstitutional or
invalid, in part or application, it shall not affect the validity of the remaining
portions or applications of this Resolution.
SECTION 7: This Resolution shall become effective immediately upon its
passage and adoption.
PASSED, ADOPTED AND APPROVED this day of _14, 2009.
BE H FLANSB UM-TAL BCI.SCCO
MAYOR
ATTEST:
RECORD OF COMMISSION VOTE:
_ MARION. SWENSON, CMC MAYOR FLANSBAUM-TALABISCO _
CITY CLERK DIST 1: COMM BUSHNELL
DIST 2: VM ATKINS-GRAD
DIST 3: COMM. GLASSER
DIST 4: COMM. DRESSLER
I HEREBY CERTIFY that
I have approved this
RESOLUTION as to form.
MUEL S REN
CITY ATTORNEY
J
6�46ibi4 i yTR/tq
AGREEMENT
BETWEEN THE CITY OF TAMARAC
AND
SPECIFIED ARCHITECTURAL SYSTEMS, INC.
THIS AGREEMENT is made and entered into this _ day of 2009
by and between the City of Tamarac, a municipal corporation with pri ip 1 offices
located at 7525 N.W. 88th Ave., Tamarac, FL 33321 (the "CITY") and Specified
Architectural Systems, Inc., a Florida corporation with principal offices located at 1950
North Gate Boulevard, Suite D-6, Sarasota, FL 34234 (the "Contractor") to provide for
the replacement of the Kalwall translucent panel system for City Hall.
Now therefore, in consideration of the mutual covenants hereinafter set forth, the
City and Contractor agree as follows:
1) The Contract Documents
The Contract Documents consist of this Agreement, the Contractor's bid/proposal
dated December 2, 2008, included herein as "Attachment A", and all modifications
issued after execution of this Agreement. These contract documents form the
Agreement, and all are as fully a part of the Agreement as if attached to this Agreement
or repeated therein. In the event that there is a conflict between this and any other
Contract Documents, this Agreement shall prevail.
2) The Work
2.1. The Contractor shall perform all work for the City required by the contract
documents as set forth below:
2.1.1 Contractor shall furnish all labor, materials, and equipment
necessary to to replace the existing Kalwall Translucent Roof
and Wall Panel System with a new Kalwall Panel System at the
BSO facility located at 7515 NW 88t' Avenue in Tamarac,
Florida, including the removal and disposal of the existing panels
from the area.
2.1.2 Contractor shall supervise the work force to ensure that all
workers conduct themselves and perform their work in a safe
and professional manner. Contractor shall comply with all OSHA
safety rules and regulations in the operation of equipment and in
the performance of the work. Contractor shall at all times have a
competent field supervisor on the job site to enforce these
policies and procedures at the Contractor's expense.
2.1.3 Contractor shall provide the City with a written installation
schedule for approval including specific dates and times prior to
the beginning of work under this Agreement. Contractor shall
City of Tamarac Purchasing and Contracts Division
provide the City with seventy-two (72) hours written notice prior
to any schedule change with the exception of changes caused by
inclement weather. Contractor shall adjust the method of
installing the roof during regular business hours to avoid
interference with the regular activities of employees and visitors
of the BSO facility.
2.1.4 All equipment must be stored in a safe manner and the worksite
must be kept free of debris when the Contractor is not in
operation. The City shall not be responsible for damage to any
equipment or personal injuries caused by the Contractor's failure
to safely store equipment and clean the worksite.
2.1.5 Contractor shall only remove those panels which could be
replaced and sealed against water intrusion before the end of
work each day and Contractor shall adequate take safety
measures to ensure the protection of persons and property within
the BSO facility at all times. Contractor shall keep the work site
reasonably free from debris and properly dispose of all materials
in a timely manner.
2.1.6 Contractor shall comply with any and all Federal, State, and local
laws and regulations now in effect, or hereinafter enacted during
the term of this Agreement, which are applicable to the
Contractor, its employees, agents or subcontractors, if any, with
respect to the work and services described herein.
3) Insurance
3.1. Contractor shall obtain at Contractor's expense all necessary insurance in
such form and amount as specified in the original bid document or as
required by the City's Risk and Safety Manager before beginning work
under this Agreement including, but not limited to, Workers'
Compensation, Commercial General Liability, Builder's Risk and all other
insurance as required by the City, including Professional Liability when
appropriate. Contractor shall maintain such insurance in full force and
effect during the life of this Agreement. Contractor shall provide to the
City's Risk and Safety Manager certificates of all insurances required
under this section prior to beginning any work under this Agreement. The
Contractor will ensure that all subcontractors comply with the above
guidelines and will retain all necessary insurance in force throughout the
term of this agreement.
3.2. Contractor shall indemnify and hold the City harmless for any damages
resulting from failure of the Contractor to take out and maintain such
insurance. Contractor's General Liability Insurance policies shall be
endorsed to add the City as an additional insured. Contractor shall be
responsible for payment of all deductibles and self-insurance retentions on
Agreement
responsible for payment of all deductibles and self-insurance retentions on
Contractor's Liability Insurance policies.
4) Bonds
4.1 The Contractor shall furnish separate Performance and Payment Bonds in
the amount of 100% of the total contract amount as security for the faithful
project performance and payment of all of the Contractor's obligations
under the contract documents, per City Code Section 10-156. At the
completion and formal approval and acceptance of all work associated
with the project, a one (1) year warranty period will begin. At this time, a
warranty bond in an amount not less than twenty-five percent (25%) of the
final contract amount must be submitted.
4.2 If the surety on any bond furnished by the Contractor is declared bankrupt
or becomes insolvent, or its right to do business is terminated in Florida,
the Contractor shall, within seven (7) days thereafter, substitute another
bond meeting the requirements outlined above, which must also be
acceptable to the City.
4.3 Within fifteen (15) calendar days after the contract award, but in any event
prior to commencing work, the Contractor shall execute and furnish the
City a Performance Bond and Payment Bond, each written by a corporate
surety, having a resident agent in the State of Florida and having been in
business with a record of successful continuous operation for at least five
(5) years. The surety shall hold a current certification of authority from the
Secretary of Treasury of the United States as an acceptable surety on
federal bonds in accordance with the United States Department of
Treasury Circular No. 570. The Contractor shall be required to provide
acceptable, separate Performance and Payment Bonds in the amount of
100% of the contract amount. The Performance Bond shall be
conditioned that the Contractor performs the contract in the time and
manner prescribed in the contract. The Payment Bond shall be
conditioned that the Contractor promptly make payments to all persons
who supply the Contractor in the prosecution of the work provided for in
the contract and shall provide that the surety shall pay the same in the
amount not exceeding the sum provided in such bonds, together with
interest at the maximum rate allowed by law and that they shall indemnify
and save harmless the City to the extent of any and all payments in
connection with the carrying out of said contract which the City may be
required to make under the law.
4.4 Such bonds shall continue in effect for one (1) year after final payment
becomes due except as otherwise provided by law or regulation or by the
Contract Documents with the final sum of said bonds reduced after final
payment to an amount equal to twenty-five percent (25%) of the Contract
price, or an additional bond shall be conditioned that the Contractor
correct any defective or faulty work or material which appears within one
City of Tamarac Purchasing and Contracts Division
The Warranty Bond shall cover the cost of labor as well as materials.
5) Time of Commencement and Substantial Completion
5.1 The work to be performed under this Agreement shall be commenced
after execution of the Agreement and not later than 15 days after
Contractor receives Purchase Order and the City's Notice to Proceed,
subject to any permitted extensions of time under the Contract
Documents. Drawings must be completed and reviewed not later than
September 15, 2009 and material fabrication shall be completed not later
than November 15, 2009. The total project shall be substantially
completed no later than February 15, 2010. For the purposes of this
Agreement, completion shall mean the issuance of final payment.
5.2 During the pre -construction portion of the work hereunder, the parties
agree to work diligently and in good faith in performing their obligations
hereunder, so that all required permits for the construction portion of the
work may be obtained by the City in accordance with the Schedule
included in the Contract Documents. In the event that any delays in the
pre -construction or construction portion of the work occur, despite the
diligent efforts of the parties hereto, and such delays are the result of force
majeure or are otherwise outside of the control of either party hereto, then
the parties shall agree on an equitable extension of the time for substantial
completion hereunder and any resulting increase in general condition
costs.
6) Contract Sum
The Contract Sum for the above work is Ninety Four Thousand Nine Hundred
dollars and Zero Cents ($94,900.00). A project contingency in the amount of Nine
Thousand Four Hundred Ninety Dollars and Zero Cents ($9,490.00) may be expended
only for unforeseen items which may arise during the course of the project for a total
cost, plus contingency, of One Hundred Four Thousand Three Hundred Ninety Dollars
and Zero Cents ($104,390.00). These contingency funds may only be expended
through written agreement by the City and the Contractor.
l) Payments
Payment will be made monthly for work that has been completed, inspected and
properly invoiced. A retainage of ten percent (10%) will be deducted from monthly
payments until 50% of the project is complete. Retainage will be reduced to five percent
(5%) thereafter. Retainage monies will be released upon satisfactory completion and
final inspection of the work. Invoices must bear the project name, project number, bid
number and purchase order number. City has up to thirty (30) days to review, approve
and pay all invoices after receipt. The Contractor shall invoice the City and provide a
written request to the City to commence the one (1) year warranty period. All necessary
Releases of Liens and Affidavits and approval of Final Payments shall be processed
before the warranty period begins.
4 Agreement
City of Tamarac
Purchasing and Contracts Division
7.2 All payments shall be governed by the Florida Prompt Payment Act, F.S.,
Part VII, Chapter 218. The City desires to be able to make payments utilizing City's Visa
Procurement Card as a means of expediting payments. It is highly desirable that the
successful proposer have the capability to accept a Visa Procurement/Credit card as a
means of payment.
8) Remedies
8.1 Damages: The City reserves the right to recover any ascertainable actual
damages incurred as a result of the failure of the Contractor to perform in
accordance with the requirements of this Agreement, or for losses sustained by
the City resultant from the Contractor's failure to perform in accordance with the
requirements of this Agreement.
8.2 Correction of Work: If, in the judgment of the City, work provided by the
Contractor does not conform to the requirements of this Agreement, or if the
work exhibits poor workmanship, the City reserves the right to require that the
Contractor correct all deficiencies in the work to bring the work into conformance
without additional cost to the City, and / or replace any personnel who fail to
perform in accordance with the requirements of this Agreement. The City shall
be the sole judge of non-conformance and the quality of workmanship.
9) Change Orders
9.1 Without invalidating the contract, without any monetary compensation, and
without notice to any surety, the City reserves and shall have the right to make
increases, decreases or other changes to the work as may be considered
necessary or desirable to complete the proposed construction in a satisfactory
manner. The Contractor shall not start work pursuant to a change order until the
change order setting forth the adjustments is approved by the City, and
executed by the City and Contractor. Once the change order is so approved, the
Contractor shall promptly proceed with the work. All Change Orders shall
include overhead and profit, not to exceed five percent (5%) and five percent
(5%) respectively.
9.2 The Contract Price constitutes the total compensation (subject to authorized
adjustments, if applicable) payable to the Contractor for performing the work. All
duties, responsibilities and obligations assigned to or undertaken by the
Contractor shall be at Contractor's expense without change in the Contract
Price or Time except as approved in writing by the City.
9.3 The Contract Price and/or Time may only be changed by a Change Order. A
fully executed change order for any extra work must exist before such extra
work is begun. Any claim for an increase or decrease in the Contract Price shall
be based on written notice delivered by the party making the claim to the other
party promptly (but in no event later than 15 days) after the occurrence of the
event giving rise to the claim and stating the general nature of the claim. The
amount of the claim with supporting data shall be delivered (unless the City
5 Agreement